New York Law Watch
Landlord and Tenant and Housing: 2026 decisions
Housing disputes are grouped here, including records on possession, leases, rent regulation and the rights of landlords and tenants.
For Landlord and Tenant and Housing, 2026 decisions, Law Watch lists 43 indexable decisions dated March 5, 2026 to November 5, 2026 across 16 decision weeks.
54 decision records: 43 meet the substance floor; 11 records are held from search listings.
Week ending November 7, 2026
Browse the week ending November 7, 2026
- Rohlfing v 75 St. Nicholas Place, LLC2026 NY Slip Op 06542
The court modified the lower court’s order to join the new owner as a party defendant rather than substituting it for the former owner, because substitution would prejudice the plaintiffs’ ability to seek discovery regarding the former owner’s willful conduct. Carryover liability applies to the current owner for overcharges by prior owners, but substitution is improper where it hinders the tenant’s litigation against the original wrongdoer.
- Matter of 245 Sullivan Ave, LLC v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 06432
The court affirmed the denial of the petition, finding that DHCR’s determination that the building was not substantially rehabilitated was rationally based and not arbitrary. The court also held that the agency did not improperly deviate from precedent and that the petitioner received due process.
Week ending October 31, 2026
Browse the week ending October 31, 2026
- Ormonde Equities, LLC v Workplayce 2030 Broadway, LLC2026 NY Slip Op 51799[U]
The court affirmed summary judgment in favor of the landlord, holding that the commercial tenant’s obligation to pay rent is an independent covenant that cannot be relieved by allegations of landlord breach absent an express provision. The landlord’s written demand satisfied statutory requirements, and the increased amount sought in the petition was not improper.
- 227-231 E 59th Partners LLC v Leoni2026 NY Slip Op 51798[U]
The court reversed the lower court’s denial of a motion to renew, granting the motion to set the matter down for a traverse hearing to determine if the tenant was properly served. The court also held that the waiver provision in CPLR 3211(e) does not apply in summary proceedings under RPAPL 711.
- 207-209 W. 107th St., LLC v De La Cruz2026 NY Slip Op 26192
The Appellate Term affirmed the award of attorneys’ fees to tenants who prevailed on a succession defense, rejecting the argument that the Housing Stability and Tenant Protection Act of 2019 barred such counterclaims. The court held that RPAPL § 702 (1) limits what constitutes rent in a summary proceeding but does not eliminate the statutory right to counterclaim for attorneys’ fees under RPL § 234.
- Matter of Filipski v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 06244
The Appellate Division affirmed the denial of the petition to annul the DHCR determination, finding that the landlord satisfied its burden of proving the legitimacy of individual apartment improvements (IAIs) through contractor affidavits and receipts. The court held that the tenant’s personal observations were insufficient to establish a fraudulent scheme to deregulate the apartment.
Week ending October 24, 2026
Browse the week ending October 24, 2026
- Fifth Ave. 25G, LLC v Sambar2026 NY Slip Op 51760[U]
The court reversed the final judgments and remanded the matter for a traverse hearing because the tenant’s sworn nonconclusory denial of service created a factual issue regarding proper service. The court held that the tenant did not waive the personal jurisdiction defense by moving for summary judgment on the merits.
- Decker Assoc., LLC v Deutsch2026 NY Slip Op 51758[U]
The court affirmed the judgment of possession, holding that the statute of limitations did not begin to run until the Loft Board issued its final rent order in September 2024. The court also rejected the tenant’s laches defense because the delay in seeking rent increases was caused by the Loft Board rather than the landlord.
- Connors v Kushner Cos., LLC2026 NY Slip Op 06092
The court affirmed the lower court’s determination that units subject to a temporary student housing exemption resumed rent-stabilized status upon the exemption’s expiration, but could be lawfully deregulated under the then-applicable luxury deregulation provisions if the legal regulated rent met the statutory threshold. The court held that the defendants failed to meet their burden of proof to establish that specific units were legally deregulated or substantially altered to qualify for a first stabilization rate.
- Lafayette Nelson Apts., LLC v Perez2026 NY Slip Op 51747[U]
The Appellate Term affirmed the lower court’s judgment granting the landlord possession and rent arrears, finding that the tenant’s warranty of habitability defense failed because he did not make the apartment available for repairs. The court also noted that the tenant’s harassment counterclaim was abandoned and would be without merit regardless.
- 3890-98 Broadway Assoc. LLC v Hiraldo2026 NY Slip Op 51746[U]
The court affirmed the denial of the respondent’s motion to vacate a default judgment, finding that the process server’s affidavit established proper service and the respondent’s conclusory denial was insufficient to rebut the presumption. Additionally, the respondent failed to demonstrate a meritorious defense to the holdover proceeding after failing to vacate a temporary apartment following the repair of her original unit.
- 525 W. 52 Prop. Owner v Tsokanos2026 NY Slip Op 51745[U]
The Appellate Term affirmed the final judgments awarding possession and damages, finding that the tenant’s challenge to the trial date acceleration was unavailing due to his prior acquiescence. The court further held that the trial court did not abuse its discretion in denying an adjournment request based on the tenant’s travel plans.
Week ending October 17, 2026
Browse the week ending October 17, 2026
- SM I MMS, LLC v Fearless Music TV, LLC2026 NY Slip Op 51716[U]
The court reversed the denial of a motion to vacate a default final judgment of possession, finding that the respondent’s documented cardiac emergency constituted a reasonable excuse for the default. Additionally, the respondent demonstrated potentially meritorious defenses regarding whether the governing agreement was a lease or a license and the validity of the non-renewal notice.
- 65 FW Owner LLC v Espinal2026 NY Slip Op 51715[U]
The court reversed the lower court’s denial of summary judgment and dismissed the nonpayment proceeding because the summary judgment record conclusively established a violation of the building’s certificate of occupancy. Under Multiple Dwelling Law § 302 (1) (b), the landlord is barred from recovering rent for the period of noncompliance with the certificate of occupancy.
- Parker v 66 St. Nicholas Place, LLC2026 NY Slip Op 06016
The court modified the lower court’s order to direct the joinder of the new owner as a defendant rather than substituting them for the former owner. This modification was necessary because substitution would prejudice the plaintiff by requiring discovery from a nonparty regarding the prior owner’s willful conduct.
Week ending October 10, 2026
Browse the week ending October 10, 2026
- Malina v 158 Mgt. LLC2026 NY Slip Op 05856
The court affirmed the summary judgment declaring the apartment rent stabilized because the defendants failed to properly deregulate the unit and could not establish a triable issue of fact regarding individual apartment improvements. The legal regulated rent was set at the last reliable registered stabilized rent due to the defendants’ failure to file proper and timely registrations.
- 448-452 W. 57 Assoc. LLC v Sposaro2026 NY Slip Op 51632[U]
The Appellate Term reversed the dismissal of a lease-expiration holdover petition, holding that a landlord’s failure to register a tenant with the DHCR does not legally prevent the deregulation of an apartment due to a high rent vacancy. The court determined that rent regulation coverage is a statutory right that cannot be created by waiver or estoppel, and remanded for a new trial to determine if the deregulation was legal and legitimate.
- Kanter’s Realty Assoc., LLC v Milgram2026 NY Slip Op 51604[U]
The court affirmed the denial of the landlord’s motion for summary judgment, finding that triable issues of fact existed regarding the tenants’ illusory tenancy defense. The court modified the lower court’s order to extend the discovery period for document production to cover the extended period of alleged residence.
Week ending October 3, 2026
Browse the week ending October 3, 2026
- Park-Lex Associates, Petitioner-Landlord-Cross-Appellant, v Fern M. Schad, Respondent-Tenant-Appellant, and Katherine Schad and Mark Mann, Respondents-Undertenants-Appellants.2026 NY Slip Op 51568[U]
Summary judgment of possession was unwarranted because triable issues of fact existed regarding the family member succession defense, specifically concerning the permanent vacatur date and residency requirements. The court held that the current Rent Stabilization Code provision defining permanent vacatur is remedial and must be liberally construed to apply to the pending proceeding.
- Sutton v 76 St. Nicholas Place, LLC2026 NY Slip Op 05614
The court modified the lower court’s order to substitute the purchaser as the defendant, instead ordering that the purchaser be joined as an additional defendant. This modification was necessary because full substitution would prejudice plaintiffs by introducing a knowledge defense that could diminish their potential damages.
- Petrolawicz v Ando Realty LLC2026 NY Slip Op 05611
A tenant may challenge the deregulated status of their apartment at any time during their tenancy, and the rent history may be examined beyond four years. The defendant’s cross-motion for summary judgment was denied because the submitted affidavit failed to authenticate the documents as admissible business records.
- Mi-Kyeong Oh v 342 W. 71 St. LLC2026 NY Slip Op 51564[U]
The Appellate Term affirmed the dismissal of a harassment proceeding because the petitioner failed to present sufficient evidence to support her claim. The court found that the petitioner offered no witnesses or documentation and failed to lay a proper foundation for the audio recording she attempted to introduce.
Week ending September 26, 2026
Browse the week ending September 26, 2026
- 85 East End Owner, LLC v Samantha Ferraro2026 NY Slip Op 51534[U]
The court affirmed the denial of the tenant’s motion to vacate the default judgment but modified the order to include a 30-day cure period. The court held that RPAPL § 753 (4) applies to holdover proceedings based on a failure to sign a renewal lease and must be construed liberally to extend its beneficial effects.
- Springer v Aminov Jewelers2026 NY Slip Op 51532[U]
The Appellate Term affirmed the Small Claims judgment awarding the plaintiff $8,000, finding that the evidence supported the conclusion that the defendant sold the plaintiff a stolen Rolex watch. The court applied the standard that substantial justice was done, as the seized watch was rationally determined to be the same one sold by the defendant.
- Lopez v Metro By T-Mobile2026 NY Slip Op 51531[U]
The Appellate Term affirmed the Small Claims judgment because the inquest court applied appropriate substantive law and accomplished substantial justice. The court found no record support for further recovery since the plaintiff was already awarded the full amount of damages sought.
Week ending September 19, 2026
Browse the week ending September 19, 2026
- 148 Ave. 2018 Prop., LLC v Williams2026 NY Slip Op 51587[U]
The Civil Court had jurisdiction to adjudicate the title dispute as a defense to the summary proceeding, and the petitioner’s recorded deed established superior title to the respondent’s unrecorded deed. Additionally, the respondent was judicially estopped from denying the existence of a landlord-tenant relationship because he had previously used the lease to defend other proceedings.
- Kings Ct. Hous., LLC v Dehoney2026 NY Slip Op 51586[U]
The Appellate Term reversed the lower court’s denial of the tenant’s motion to vacate a default judgment in a nonpayment proceeding. The court found the rent demand facially insufficient because it relied on an unexplained and confusing ledger, failing to fairly apprise the tenant of the rent owed.
- Phillip v Leman Manhattan Preparatory Sch.2026 NY Slip Op 51585[U]
The Appellate Term reversed the lower court’s dismissal, finding that the private school breached the enrollment contract by refusing admission based on an extra-contractual vaccination requirement to which the parent had not consented. Consequently, the contractual prohibition against refunds was inapplicable, and the plaintiff was entitled to a refund of the tuition paid.
- Matter of Hillside Place, LLC v Housing & Community Renewal of the State of N.Y.2026 NY Slip Op 05308
The Appellate Division held that a prior order granting leave to amend pleadings to include rent increase claims was not law of the case because it did not resolve the merits. Consequently, the DHCR’s determination to remove the $45 per month rent increase was upheld as having a rational basis and not being arbitrary or capricious.
Week ending September 12, 2026
Browse the week ending September 12, 2026
- 361 East 50th Street LLC v Maureen Lupo2026 NY Slip Op 51411[U]
The court affirmed the denial of the tenant’s motion to vacate a stipulation of settlement, finding no abuse of discretion as the tenant failed to show fraud, unconscionability, or inequity. The tenant’s claim that the apartment was rent-stabilized was insufficient to warrant vacatur because she did not challenge the landlord’s evidence of a high-rent vacancy exemption.
Week ending September 5, 2026
Browse the week ending September 5, 2026
- Matter of Fried v Lopez2026 NY Slip Op 05185
The amendments to the Rent Stabilization Law enacted by the Housing Stability and Tenant Protection Act of 2019 apply to pending holdover proceedings where the landlord had not yet obtained a judgment of possession. Consequently, the landlord was not entitled to recover the unit for personal use, and the tenants were entitled to dismissal of the petition.
- Matter of 826 Marcy Ave., LLC v State of N.Y. Div. of Hous. & Community Renewal2026 NY Slip Op 05180
The court affirmed the lower court’s dismissal of the CPLR article 78 proceeding, finding that the DHCR’s denial of the rent stabilization exemption was supported by a rational basis. The agency’s determination was not arbitrary and capricious because the petitioner failed to demonstrate that the building was substantially rehabilitated as required by the operational bulletin.
Week ending August 22, 2026
Browse the week ending August 22, 2026
- 224-01 141st Ave., LLC v K & S Laurelton Mini Mart, Inc.2026 NY Slip Op 51582[U]
The court reversed the final judgment and vacated the lower court’s orders because it was error to deny the tenant’s motion to vacate the stipulation without first holding a hearing to determine who had the authority to bind the corporate tenant. The matter was remitted for a new determination following a hearing to resolve the dispute over corporate authority.
- Richgold Assoc., LLC v Chai Care, LLC2026 NY Slip Op 51579[U]
The Appellate Term affirmed the denial of the tenant’s motion to vacate the final judgment and warrant, finding that while the warrant was subject to vacatur prior to execution due to the tenant’s zero balance, the court did not find relief warranted after execution. The court emphasized that strict enforcement of the stipulation was appropriate because the parties were sophisticated, represented by counsel, and the tenant’s repeated defaults were neither inadvertent nor trivial.
Week ending August 8, 2026
Browse the week ending August 8, 2026
- 47-05 Ctr. SPE, LLC v Hack2026 NY Slip Op 51314[U]
The court affirmed the judgment awarding possession, holding that a typographical error in the nonrenewal notice was a de minimis defect that did not confuse the tenant or hinder their defense. Additionally, the court found that the simultaneous maintenance of a nonpayment and holdover proceeding did not vitiate the nonrenewal notice given the limited overlap and voluntary discontinuance of the nonpayment action.
Week ending July 25, 2026
Browse the week ending July 25, 2026
- Matter of Hauck v Heineman2026 NY Slip Op 04722
A summary nonpayment eviction proceeding is legally insufficient when the landlord has already terminated the month-to-month tenancy, as the proper remedy is a summary holdover proceeding. Because the petition failed to allege facts establishing that the tenants were holdovers, the judgment and warrant of eviction were vacated and the petition dismissed without prejudice.
Week ending June 13, 2026
Browse the week ending June 13, 2026
- American Package Co., Inc. v Postelnicu2026 NY Slip Op 51297[U]
The court affirmed the dismissal of a holdover proceeding because the landlord failed to serve the notice of petition and petition, constituting a jurisdictional defect that cannot be cured by CPLR 2001. The court held that CPLR 3012(d) does not permit an extension of time to serve process where no personal jurisdiction has been obtained over the respondents.
- Pushyk v Shiyanoff2026 NY Slip Op 51296[U]
The court affirmed the dismissal of the holdover petition, finding that the building was subject to rent stabilization because evidence supported a finding that a rear bedroom had been occupied as a separate residential unit, bringing the total to six units. Consequently, the landlords failed to meet their burden of proving an exemption and failed to serve the specific notices required for eviction under the Rent Stabilization Code.
- Shpigel v Staten Is. Univ. Hosp.2026 NY Slip Op 51294[U]
The Appellate Term reversed the dismissal of the small claims action because the lower court’s finding that the hospital had issued refunds on two bills failed to render substantial justice, given the evidence that the plaintiff only received a single check. The court awarded the plaintiff the full overpayment amount on the condition that he return the single check he had already received to the defendants.
Week ending June 6, 2026
Browse the week ending June 6, 2026
- Water’s Edge 32 Limited Partnership v Bailey2026 NY Slip Op 51292[U]
The Appellate Term affirmed the lower court’s judgment awarding possession to the landlord because the tenant breached the lease by repeatedly refusing access for necessary repairs. The court held that the tenant’s failure to seek leave for discovery prior to trial precluded her from presenting security camera footage.
- Sialiano v Costco Wholesale2026 NY Slip Op 51291[U]
The judgment dismissing the small claims action was affirmed because the plaintiff failed to meet the burden of proving the amount of damages. The plaintiff did not provide expert testimony or two itemized repair estimates for the unrepaired vehicle damage.
- Hernandez v Lakeview Arms Apts.2026 NY Slip Op 51289[U]
The Appellate Term affirmed the dismissal of the small claims action, finding that substantial justice was done because the tenant admitted to causing damage beyond ordinary wear and tear. The court held that the property manager’s credible testimony regarding repair costs was sufficient to justify retaining the security deposit, even without itemized bills, given the small amount involved.
Week ending March 7, 2026
Browse the week ending March 7, 2026
- Matter of People v Commons West, LLC252 AD3d 190
The source-of-income discrimination law is facially unconstitutional because it indirectly compels landlords to consent to warrantless searches of their properties and records as a condition of participating in the Section 8 program. This requirement violates landlords’ Fourth Amendment rights, and a voluntary administrative policy does not cure the statute’s facial invalidity.
Also decided
- Matter of 186 Norfolk LLC v New York State Div. of Hous. & Community Renewal 2026 NY Slip Op 05900 October 13, 2026
- 853 Macy Place Owners Corp. v Christophe 2026 NY Slip Op 51563[U] September 28, 2026
- Snyder v Sivic Realty Corp. 2026 NY Slip Op 51529[U] September 24, 2026
- 975 Washington Property, LLC v Sanchez 2026 NY Slip Op 51312[U] June 26, 2026
- Johnson v Highlawn Moving & Stor., Inc. 2026 NY Slip Op 51310[U] June 26, 2026
- Morgan v Caesar 2026 NY Slip Op 51308[U] June 17, 2026
- 650 Crown Equities, LLC v Sealey 90 Misc 3d 280 April 10, 2026
- Bedrock Equities LLC v Husain 90 Misc 3d 221 March 30, 2026
- Simon Green Inc. v Phillip 90 Misc 3d 183 March 9, 2026
- 545 WARREN ST v NYS DIV HOUS 89 Misc 3d 977 February 7, 2026
- Edelstein LLC v Rodriguez 89 Misc 3d 953 January 21, 2026